New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

Commercial Litigation and Arbitration

New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
Commercial Litigation and Arbitration

Joseph Hage Aaronson

Removal: New York Convention Permits Removal If Case Is “Related to” Arbitration Even If Dispute Is Not Itself Arbitrable — Issue Is Whether Arbitration “Could Conceivably Affect the Outcome of the Case” — Need Not Have Preclusive Effect

Reid v. Doe Run Resources Corp., 2012 U.S. App. LEXIS 23281 (8th Cir. Nov. 13, 2012): Doe Run Resources and its affiliates operated a smelting facility in Peru. The facility’s pollution allegedly injured the plaintiffs. A Doe Run associate, Renco,…
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Mandamus as Tool to Challenge Denial of Protection for Confidential Data — Bar Against One Lawyer’s Access Because He/She Is “Competitive Decisionmaker” for Client Not Imputed to Law Firm — Model Rules’ Imputation Rejected

In re Dell Inc., 2012 U.S. App. LEXIS 22155 (Fed. Cir. Oct. 23, 2012): This is an unusual case involving whether a bar precluding an attorney from accessing confidential information on the ground that he is a “competitive decisionmaker” must…
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Experts — District Court’s Failure to Make Gateway Determinations of Relevance and Reliability Mandates Reversal — “The Decision To Admit Or Exclude Expert Testimony Is Often The Difference Between Winning And Losing A Case” (Good Quotes)

Barabin v. AstenJohnson, Inc., 2012 U.S. App. LEXIS 23528 (9th Cir. Nov. 16, 2012): Compliance with Rule 702 is gauged by the district court’s assessment of the reliability of the proffered expert testimony. See Daubert, 509 U.S. at 589. Specifically,…
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Parties Planning to Give Expert Testimony Must File Rule 26(a)(2)(C) Disclosure — Lack of Candor in Retained Expert’s Report Is Grounds for Exclusion under Daubert and Kumho

Martinez v. Garcia, 2012 U.S. Dist. LEXIS 158220 (N.D. Ill. Nov. 5, 2012) :Martinez’s Dkt. No. 158 seeks to bar the two opinion witnesses designated by the “Medical Defendants,” Dr. Parthasarathai Ghosh and LaTonya Williams (“Williams”). Those proposed witnesses comprise…
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Prior Complaint for Same Conduct Inadmissible under Rule 404(b) Absent Prior Admission of Liability or Evidence the Acts Alleged Were Committed — Irrelevant on Intent or Awareness Conduct Was Unlawful

United States v. Bailey, 696 F.3d 794 (9th Cir 2012): Bailey was the President, Chief Executive Officer, and Chairman of the Board of Directors of Gateway, a small, public company involved in selling health and dietary supplements. In 2002, Bailey…
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Unretained Expert Disclosure vs. Retained Expert Report — Who Bears Burden of Proof as to Which Is Required — Witness May Be Subject to Providing Both as to Different Portions of Testimony — When Treating Physician = Retained Expert

In re Denture Cream Products Liability Litigation, 2012 U.S. Dist. LEXIS 152277 (S.D. Fla. Oct. 22, 2012): Federal Rule of Civil Procedure 26(a) sets forth requirements for disclosing expert testimony. See Fed. R. Civ. P. 26(a)(2). Parties must identify any…
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Recent Articles

FRAP 38 and Pro Se Litigants — Observations, Not Sanctions, For Non-Existent Quotations

Rule 37(c)(1) Exclusion Sanction: Under R&R Sails, A Discovery Sanction Is Not Claim Dispositive Just Because It Makes It “Much More Difficult, Perhaps Almost Impossible” For A Party To Proceed With Its Claim Or Argument — The Sanction Must Be Fatal — Only Then Is Proof of Willfulness, Fault Or Bad Faith Required — To The Extent The Imposition Of Sanctions Turns On The Resolution Of An Issue Of Law, Review Is De Novo

Supreme Court: Party Moving to Set Aside Void Judgment Under Rule 60(b)(4) Must Do So Within A Reasonable Time Per Rule 60(c)(1)

Supreme Court: Erie/Rule 8/Rule 11: Fed. R. Civ. P. 8 Conflicts with and Overrides Delaware’s Affidavit of Merit in Medical Malpractice Actions — A Valid Rule of Civil Procedure Displaces Contrary State Law Even If The State Law Is Substantive — Rule 11’s Proviso That “[U]nless A Rule Or Statute Specifical States Otherwise, A Pleading Need Not Be Verified Or Accompanied By An Affidavit” Refers to Rules Or Statutes Requiring Represented Parties To Verify Pleading Or Sign Affidavits — It Has Nothing To Do With Affidavits From Third Parties — Good Quote: Drawing A Negative Inference from Text Is Sometimes the Best Way To Understand It

RICO Statute of Limitations — Storm Warnings, Not Thunder and Lightning (Good Quote)

Rule 37 Discovery Sanctions: Ninth Circuit’s Five-Factor Test for Gauging Appropriateness of Dismissal — The Limited Utility of Rule 12(f) Motions to Strike

RICO: Employer Suffered Harm to Business or Property When Kickbacks Paid to Employees in Real Estate Transactions Done for Employer — Expert Testimony Sufficient to Prove Harm — Proof That Employer Paid Above-Market Prices Not Essential — Non-Disclosure of Certain Damages in Initial Disclosures Cured by Expert Report, Which Also Rendered Initial Non-Disclosure Harmless

Spoliation: Dismissal Under Rule 37(e)(2) and Monetary Sanctions Under Rule 37(e)(1), Implicitly Reading The “Or” Between 37(e)(1) and 37(e)(2) As Conjunctive, Not Disjunctive — Clear Error Standard of Review for District Court’s Intent (= Bad Faith) Finding under 37(e)(2)(C) — Additional Monetary Sanctions Imposed on Claimants under 28 U.S.C. § 1927 and Rule 37(a)(5) — No Right to Jury Determination of Intent under Rule 37(e)(2) — “Substantially Justified” in Rule 37(a)(5) Has Same Meaning As In Equal Access to Justice Act and Thus Rule 11 — Meaning of “Unreasonable and Vexatious” in 7th Circuit

Inherent Power Sanction of Dismissal — Preponderance of the Evidence Burden of Proof, Not Clear and Convincing Evidence (7th Circuit)

§ 1927 Sanctions — Must A Lawyer Who Unreasonably and Vexatiously Multiplies Federal Court Proceedings Be Acting “As An Attorney” When Committing the Misconduct To Be Subject to Sanction under § 1927?

Archives
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.
New York Attorneys JHA handles range the gamut of complex financial and commercial litigation and arbitration, including securities, RICO, corporate and contract disputes, credit default swaps, derivatives, and class, mass, and derivative actions. The firm also represents law firms in major disputes.

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